Notice of Consultation Wednesday, November 27, 2013

IN THE SUPREME COURT
STATE OF NORTH DAKOTA

NOTICE OF CONSULTATION 

Supreme Court No. 20130389

[1] On November 21, 2013, Governor Jack Dalrymple notified this Court of the resignation of the Honorable Lisa K. Fair McEvers, as Judge of the District Court, East Central Judicial District, effective January 1, 2014. Under N.D.C.C. § 27-05-02.1 a vacancy in the office of district judge will be created on the effective date of Judge McEvers’ resignation.

[2] Within 90 days after the notification of the vacancy, N.D.C.C. § 27-05-02.1 requires the Supreme Court to determine whether the office is necessary for effective judicial administration. The Supreme Court may order that: (1) the vacancy be filled; (2) the vacant office be transferred to a judicial district in which an additional judge is necessary for effective judicial administration; or (3) the vacant office be abolished with or without transfer of a district judgeship to any location in which a judge is necessary for effective judicial administration.

[3] The 63rd Legislative Assembly created an additional district court judgeship in the East Central Judicial District effective July 1, 2013. See 2013 N.D. Sess. Law. ch. 33. On May 16, 2013, this Court designated Fargo as the chambers location for this new judgeship. See, Chambering of Judgeship No. 9 in the East Central Judicial District, 2013 N.D. 81, 831 N.W.2d 52. As a part of the designation process, on May 10, 2013, this Court received a Report from the Presiding Judge and Court Administrator of the East Central Judicial discussing the caseload for each of the counties in the district and any discernible trends, and other information relevant to N.D. Sup. Ct. Admin. R. 7.2 regarding disposition of judgeship vacancies.

[4] Consultation with the judges and attorneys in the district is contemplated under N.D.C.C. § 27-05-02.1 when a judgeship vacancy occurs. However, in light of the recency of the information received for this Court’s May 16, 2013, Order, this Court intends to take judicial notice of the information in that file and, unless written objection is received, intends to direct that Judgeship No. 6, with chambers in Fargo, in the East Central Judicial District be filled in the manner provided in N.D.C.C. § 27-25.

[5] ORDERED, any person wishing to object to the Court’s intention to direct the filling of Judgeship No. 6, with chambers in Fargo, in the East Central Judicial must to do so in writing to supclerkofcourt@ndcourts.gov no later than December 9, 2013.

[6] The Supreme Court of the State of North Dakota convened this 27th day of November, 2013, with the Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Dale V. Sandstrom, the Honorable Carol Ronning Kapsner and the Honorable Daniel J. Crothers, Justices, directing the Clerk of the Supreme Court to enter the above order. The Honorable Mary Muehlen Maring, being unavoidably absent, did not participate in the decision.

Penny Miller
Clerk 
North Dakota Supreme Court